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Date:

1 Feb 2007

Numerous laws that discriminate against women continue to exist around the world, expressing in concrete terms formal government policy towards women. Governments that allow discriminatory laws to remain in force in this way endorse and promote inequality and deny women recourse when they face discrimination that affects all aspects of their lives including security, bodily integrity, family life, community status, and political, economic and social prospects.

Twelve years ago at the United Nations Fourth World Conference on Women in Beijing, governments pledged in the Beijing Platform for Action to "revoke any remaining laws that discriminate on the basis of sex." In 2000, the Special Session of the General Assembly convened to review the Platform for Action established a target date of 2005 for revocation of all discriminatory laws. It is now two years past the target date and many governments are still failing to implement their promises to ensure equality under the law for men and women. Thirty-two of the fifty-three countries highlighted in Equality Now's reports since 1999 on discriminatory laws around the world have not amended or repealed the discriminatory laws highlighted. (See Words and Deeds: Holding Governments Accountable in the Beijing + 10 Review Process(PDF, 196K).) There are many more that exist around the world.

A mechanism is urgently needed to carry forward the process of eliminating legalized discrimination against women. In March 2005, the United Nations Commission on the Status of Women (CSW) convened for a ten-year review of the commitments made in the Beijing Platform for Action, pledged to undertake further action to ensure the full and accelerated implementation of the Beijing Declaration and Platform for Action. A resolution was introduced by the Rwandan and Philippine Governments and co-sponsored by Angola, Argentina, Benin, Botswana, Brazil, Cameroon, Chad, Congo, Eritrea, Gabon, Iceland, Lesotho, Madagascar, Malawi, Niger, Nigeria, Republic of Korea, Senegal, South Africa, Togo, and Zambia calling for the consideration of the advisability of the appointment of a Special Rapporteur on laws that discriminate against women. Such a Special Rapporteur would allow the CSW to highlight ways in which Member States have used law reform effectively to counter discrimination against women and would be able to engage in a dialogue with States regarding laws that discriminate against women and support ongoing efforts to revoke these laws. S/he could also promote exchange of information among Member States on issues of common concern. The Special Rapporteur's work could draw from and build on the work of the Committee on the Elimination of Discrimination Against Women (the CEDAW Committee) to strengthen mechanisms supporting women's rights at the United Nations.

Following consultation with member states, the United Nations High Commissioner for Human Rights, and the CEDAW Committee on the advisability of appointing a Special Rapporteur, the UN Secretary-General issued his report to CSW concluding that "[a] dedicated mechanism that would tackle [discriminatory] laws as its primary and exclusive concern, rather than as incidental to a broader mandate, from a global perspective could provide the necessary momentum for change that has so far been absent." However, a Special Rapporteur was not appointed at the 2006 session of the CSW. Instead, a resolution was passed, introduced by the Rwandan and Slovenian Governments and co-sponsored by the governments of Argentina, Burundi, Cameroon, Congo, Cote d'Ivoire, Ghana, Guinea, Republic of Korea and Tanzania, calling for further consideration of the establishment of a Special Rapporteur bearing in mind existing United Nations mechanisms with a view to avoiding duplication.

In his second report, which expands on the view reflected in his 2006 report, the Secretary-General addresses the relationship between a new mechanism and the reform discussions within the United Nations. He suggests that "timely action in the Commission on the Status of Women on the creation of such a position and its mandate would also facilitate the ongoing review by the Human Rights Council of the special procedures...[and]...would allow the Council to take into consideration such a new mandate and its relationship with the Council and existing mechanisms."

In his in-depth study on violence against women published in July 2006, the UN Secretary-General emphasized that "violence against women is both a cause and a consequence of discrimination against women and of their inequality and subordination...Securing gender equality...must not be treated as optional or marginal." The report concluded that a "stronger, more consistent and visible leadership role by intergovernmental bodies and the entities of the United Nations system is necessary." It calls explicitly for States to "remove all laws that discriminate against women; review and revise all State policies and practices to ensure that they do not discriminate against women; and ensure that provisions of multiple legal systems...comply with international human rights standards, including the principle of non-discrimination." Governments must move from words to action. There have been significant legal reforms in some countries, but violence and discrimination against women continue. A Special Rapporteur could accelerate the pace of change and help make legal equality for women a reality.

What You Can Do:

Please call on your government's foreign ministry to support the creation by the CSW of a Special Rapporteur on laws that discriminate against women. Thank your government if it is a co-sponsor of the resolutions passed and ask that it maintain its leadership role in promoting this mechanism at the CSW and among other governments to accelerate reform of legal discrimination against women. Continue also to write to the governments of countries highlighted in Words and Deeds: Holding Governments Accountable in the Beijing + 10 Review Process(PDF, 196K). Call on them to ensure that the laws cited, and any other discriminatory laws in force, are repealed or amended, noting the agreed target date of 2005. Ask your own justice ministry to undertake a comprehensive review to identify and address any laws with sex discriminatory language or impact. Share your concerns and this Update with the media and the general public to enlist their support in the campaign to eliminate laws that discriminate against women.

Corrections and Contact Updates

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Israel

The Prime Minister of Israel is now Mr.Ehud Olmert. See updated fax number below.

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Japan

The Prime Minister of Japan is now Mr. Shinzo Abe. The contact information is:

Article 1 has been modified by the addition of the following paragraphs:"4. Every person born of a Monegasque mother who acquired Monegasque nationality by naturalization, by reestablishment of nationality, or by application of the provisions of the second paragraph of article 6 or the fourth paragraph of article 7 of this law.5. Every person born of a mother who acquired Monegasque nationality by declaration following a simple adoption.6. Every person born in Monaco of unknown parents.The nationality of a child who has been the object of a legitimating adoption is determined according to the distinctions established in the previous paragraph."

The Head of State of Monaco is now Prince Albert II. The email for Prince Albert II is centre-info@gouv.mc. See updated fax number below.

The Prime Minister of Latvia is now Mr.Aigars Kalvitis.The wording of Section 138(6) of the Labour Law has been amended, but remains discriminatory. It now reads: "It is prohibited to employ at night persons who are under 18 years of age, pregnant women and women for a period following childbirth of up to one year, but if a woman is breastfeeding then during the whole period of breastfeeding, if there is a doctor's opinion that the performance of the relevant work causes a threat to the safety and health of the woman or her child."

See updated telephone and fax numbers below.

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Madagascar

The Prime Minister of Madagascar is now Mr. Charles Rabemananjara. See updated telephone and fax numbers below.

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United Kingdom

Section 85(4) has been amended but remains discriminatory. It now reads: “Nothing in this Act shall render unlawful an act done for the purpose of ensuring the combat effectiveness of the armed forces.” To send an email to Prime Minister Blair, go to: http://www.pm.gov.uk/output/Page821.asp